35-1

Review of proposed amendments. This Ordinance, including the map or maps, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by, or first submitted to the Planning Commission for review and recommendation.

35-2

Procedures for public hearing:

(a)

The Planning Commission shall conduct, on behalf of the Augusta Commission, all public hearings on proposed amendments to this Ordinance and maps.

(b)

At least 15 but not more than 45 days prior to the date of the hearing, the Planning Commission shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government then:

(1)

The notice shall include the location of the property, the present zoning classification of the property, and the proposed zoned classification of the property; and

(2)

A sign indicating the present zoning classification and the proposed zoning classification shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.

(c)

The Recommendations of the Planning Commission shall be submitted to the governing body having jurisdiction within thirty (30) days. If the Planning Commission fails to submit a report within the thirty-day period, it shall have deemed to approve the proposed amendment.

35-3

Application for amendment. Each application to amend this Ordinance, including the map or maps, shall be filed with the Augusta Planning and Development Department and shall be in compliance with the following:

(a)

A conference with the Staff of the Augusta Planning and Development Department shall be held prior to submission of the application.

(b)

A statement from the owner of the property submitting the petition, or a statement from the owner of the property designating his representative in the petition, shall be furnished with the petition on a form supplied by the Augusta Planning and Development Department.

(c)

A properly prepared plat of the property showing distances and bearings of the boundaries and a tie to a known point shall be included with the petition. This can be waived by the Staff when the proposed rezoning involves complete parcel(s) under the Tax Assessors PIN scheme.

(d)

A letter from the owner or his authorized representative requesting the amendment, including a statement regarding the proposed use, address and telephone number for correspondence, and any other information required elsewhere in this Ordinance, shall be included with the petition.

(e)

A fee which has been calculated by the City of Augusta as representative of the cost of processing an advertisement of the proposed amendment shall be paid at the time of application.

35-4

Staff evaluation. The Staff, upon receipt of an application for an amendment to this Ordinance shall:

(a)

Consult with other departments of the Augusta, Georgia to fully evaluate the impact of any zoning change upon public facilities and services including, but not limited to, drainage, traffic and related facilities:

(b)

Conduct a site review of the property and the surrounding area.

(c)

Study each application with reference to the balancing test established in Guhl v Holcomb Bridge Road Corporation and its compliance with the Comprehensive Plan.

(d)

Report its findings and recommendation to the Planning Commission, which report shall be a matter of public record.

(e)

The Staff of the Augusta Planning and Development Department report may recommend the applicant's request be reduced in land area and/or recommend conditions of rezoning which may be deemed advisable so that the purpose of this Ordinance will be served.

35-5

Planning commission action. The Planning Commission shall review and make a recommendation of approval, denial, deferral, withdrawal without prejudice, or no recommendation on each application for which a public hearing is held in accordance with an Ordinance of the City Council of Augusta, Georgia and the Board of Commissioners of Richmond County, enacted April 1, 1983 and codified after consolidation of the governments as Article 8, Chapter 5 of the Augusta Code. The staff recommendations on applications shall be submitted to the Planning Commission prior to the public hearing. A report of the Planning Commission's decision shall be submitted to the Augusta Commission. The action of the Planning Commission may recommend a reduction of the land area for which the request is made and/or recommend conditions of rezoning which may be deemed advisable so that the purpose of this Ordinance will be served.

35-6

Governing body action. The Augusta Commission shall, at a regular meeting, approve, deny or defer action on such application. The action of the Augusta Commission may recommend a reduction of the land area for which the application is made and/or recommend conditions of rezoning which may be deemed advisable so that the purpose of this Ordinance will be served. When such conditions are added to approval of an application, the Augusta Commission shall require that a Zoning Restriction Agreement be recorded with the Clerk of the Superior Court of Augusta Georgia. The cost of recording such agreement shall be borne by the applicant.

35-7

Reversionary clause. The Planning Commission may submit information to the Augusta Commission having jurisdiction relative to property which has been rezoned for a period of eighteen (18) months from the date of approval, and for which no site plan or subdivision development plan approval or building permit has been obtained. The Augusta Commission may then review such information and, if considered appropriate, initiate reversionary zoning procedures. Such reversionary actions shall proceed in accordance with the amendment provisions of this Ordinance.

35-8

If the zoning decision of a local government is for the rezoning of property and the amendment to the Zoning Ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six (6) months immediately following the defeat of the rezoning by the local government pursuant to O.C.G.A. 36-66-4-(c) (2012).

35-9

Land adjacent to Fort Gordon military installation. Zoning proposals (including changes of zoning and special exceptions) involving land locating with 3,000 feet of the Fort Gordon Military Installation boundary shall be evaluated Pursuant to O.C.G.A. 36-66.6. The Planning Commission, in conducting this evaluation shall request from the Fort Gordon Commander a written recommendation and supporting facts, and if provided, such information shall be considered and made part of the public record. The Planning Commission shall investigate and make a recommendation regarding the following:

(a)

Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3,000 feet of a military base, military installation, or military airport;

(b)

Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military airport;

(c)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

(d)

Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing street, transportation facilities, utilities, or schools due to the use of nearby property as a military base, military installation, or military airport;

(e)

Whether the zoning proposal is in conformity with the policy and intent of the land use plan; and

(f)

Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal.

35-9.1

Halfway houses and drug rehabilitation centers. When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six (6) months and not more than nine (9) months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:

(a)

Posting notice on the affected premises in the manner prescribed by subsection (b) of this Code section; and

(b)

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency. The published notice shall be at least six (6) column inches in size and shall not be located in the classified advertising section of the newspaper.

35-9.2

Land adjacent to the Cities of Hephzibah and Blythe. When a rezoning or special exception is initiated by a property owner or by Augusta, Georgia affecting property located within 1,000 feet of either Hephzibah or Blythe, notice must be given to those local municipalities. Such notice shall be in the form of a certified letter sent within five (5) business days of the acceptance of an application to the appropriate municipality. The notice shall contain all relevant data and request a determination as to whether the proposed action would constitute an incompatible land use. If within ten (10) business days after receipt of this notice the appropriate municipality notifies Augusta-Richmond County by certified mail that the proposal could constitute an incompatible land use then Augusta, Georgia and the municipality must begin a negotiation process described in an agreement between Augusta, Georgia, Hephzibah, and Blythe dated June 30, 1998 known as the "Agreement to Resolve Land Use Classification Disputes".

35-9.3

Land adjacent to the Augusta Canal. The Augusta Canal is a Regionally Important Resource (RIR) as identified by the Georgia Department of Community Affairs pursuant to the Georgia Planning Act of 1989. As such any request for a rezoning or special exception affecting property located within the Augusta Canal National Heritage Area is subject to a review process initiated through the Central Savannah River Area. (RDC).

Amended 35-8 - April - 2013

Section amended in its entirety - 5-1-2007